《侵权责任法》:开启医疗损害赔偿新纪元

The Tort Law:Open A New Era of Medical Injury Compensation

《侵权责任法》的出台意味着医疗损害赔偿首次在法律层面上得到了统一,医疗损害赔偿二元化将被消除,这有利于促成医患纠纷的和平解决,但《侵权责任法》确立的医疗损害全额赔偿原则对医疗行业的发展、医疗机构公益职能的履行将造成不利影响,医疗损害赔偿城乡二元化仍未解决,针对这些问题提出了解决措施。

The implementation of The Tort Law means the end of disorder in medical injury compensation from the view of legal system and it will eliminate the duality of medical injury compensation. Therefore, it will be helpful for solving medical disputes ef- ficiently. But the principle of total compensation is harmful to the development of medical industry and hospitals in fulfilling their role as public welfare organizations. Furthermore, the difference between the city and the countryside in medical injury compensa- tion is still not solved. So some solutions to these problems are proposed by the author in this article.